Brajesh Kumar @ Funnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28771 of 2020 Arising Out of PS. Case No.-10 Year-2019 Thana- PIRO District- Bhojpur ====================================================== Brajesh Kumar @ Funnu Kumar S/o Baleshwar Singh Resident of VillageRajmaldih, P.S.- Sikrhta, Dist- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-12-2020 Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State.

The petitioner seeks regular bail in connection with Piro P.S. Case No. 10 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code, but later on, charge-sheet was submitted under Sections 395, 412, 120(B) of the Indian Penal Code.

The informant is stated to have been intercepted by four accused persons, travelling on two motorcycles, whereafter they had snatched his mobile phone and had robbed the tractor and its

Patna High Court CR. MISC. No.28771 of 2020(3) dt.01-12-2020 2/3 trailor from him.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted by the learned counsel for the petitioner that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any recovery of the looted articles has been made from the petitioner herein. It is further submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 05.03.2020 passed in Criminal Miscellaneous No. 76934 of 2019.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused person, who has already been granted bail, as also considering the

Patna High Court CR. MISC. No.28771 of 2020(3) dt.01-12-2020 3/3 fact that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Bhojpur at Ara in connection with Piro P.S. Case No. 10 of 2019. (Mohit Kumar Shah, J) Ajay/- U T